DUI Evidence

Law enforcement personnel must adhere to strict guidelines when pulling a driver over on suspicion of DUI. The police officer must have “probable cause” that a driver is under the influence before he or she may make a traffic stop. To do this, the officer collects DUI evidence.

The most common reason that an officer will pull someone over on suspicion of drunk driving is erratic driving. Erratic driving may include weaving, swerving, driving in the wrong lane, driving too slow, speeding, or taking wide turns. These characteristic may be broken down into several categories: speed and brake problems, failure to maintain the correct lane position, and errors in judgment.

After being stopped for DUI, the officer is looking for behavioral evidence to determine whether you are intoxicated. If your eyes are bloodshot, your speech is slurred, you stumble or stagger, or you smell of alcohol, this may be used as evidence that you are under the influence.

Incriminating statements may also be used as DUI evidence. If you are stopped by a police officer, you should only give the officer your name, ID, and insurance paperwork. Politely decline to make any further statements or answer any questions.

Field sobriety tests are used to gather DUI evidence. There are three standard field sobriety tests: the walk-and-turn test, the one-leg stand test, and horizontal gaze nystagmus. It is important to know that you may politely decline to take these tests without facing repercussions.

After being stopped, the officer will more than likely ask you to take a breath, blood, or urine test. This test is used to determine your blood alcohol content (BAC), which is what most DUI arrests are based on. Throughout the Unites States, the legal limit for drivers over the age of 21 is 0.08 percent. The results from a sobriety test will be used as DUI evidence.

You should contact an experienced DUI defense attorney if you've failed a breath or blood test, or if you were arrested for refusal to comply with a test. Many states carry penalties for a breath test refusal that are even harsher than if you had taken the test and failed.

Do you have other questions about the DUI evidence in your case? If so, get in touch with a DUI defense lawyer in your area today.